Employment Law

Age Discrimination

The leading Pasadena age discrimination lawyers at The Okorocha Firm are dedicated to helping victims of age discrimination recover compensation for their loss. We have successfully handled all types of cases involving discrimination in the workplace, recovering millions of dollars for clients in Los Angeles and other areas of California.

Age discrimination in the workplace involves the unequal treatment of employees based on their age. The government agency responsible for enforcing laws prohibiting age discrimination is the U.S. Equal Employment Opportunity Commission (EEOC). According to recent EEOC statistics, more than 26,000 complaints of age discrimination were filed in 2011. This represents a marked increase from charges filed last year. Unfortunately, most cases go unreported, as the economic downturn and scarcity of work force employees to think twice about voicing their complaints.

Age discrimination includes harassment, or any unwelcome and offensive conduct based on a person’s age. The harasser can be a supervisor, co-worker, or third party who engages in age-based jokes, comments, or other offensive behavior. Although simple teasing and isolated comments are not actionable, certain harassment is when the conduct is so “frequent” or “severe” as to create a hostile work environment or result in an adverse employment decision. The laws forbid discrimination in any aspect of employment, including hiring, firing, pay, and benefits.

Examples of discriminatory and harassing behavior in the workplace include:

Assigning work based on age
Making age a condition of employment
Laying off employees because they are “too old”
Denying benefits to older employees
Including age preferences in job notices
Placing age limitations on apprenticeship programs
Explaining that older workers are not a “cultural fit”
Persistently joking, “Isn’t it about time you retired?”
Referring to older employees as the “geriatric crowd”

In California, various state and federal laws prohibit discrimination based on age. The Age Discrimination Act (ADA) prohibits age discrimination in programs and activities receiving federal financial assistance. The ADA applies to all ages and is enforced by the Civil Rights Center. The Age Discrimination in Employment Act (ADEA) protects applicants and employees 40 years of age or older. It prohibits age discrimination in hiring, promotion, discharge, compensation, privileges, terms, and conditions of employment. The EEOC enforces the ADEA.

The Older Workers Benefit Protection Act (OWBPA) specifically bars employers from denying benefits to older employees. The greater cost of providing benefits to older workers often creates a disincentive to hire them. Employers can therefore reduce benefits based on age under limited circumstances, so long as the cost of providing reduced benefits to older workers is the same as the cost of providing benefits to younger employees. Under the OWBPA, employers can also coordinate the retiree health benefits with the employee’s eligibility for Medicare.

Under the ADEA, it is also unlawful to retaliate against an individual who reports, files a charge, testifies, or participates in an investigation related to age discrimination. California’s primary law prohibiting age discrimination, the Fair Employment and Housing Act (FEHA), likewise prohibits employment discrimination, harassment, and retaliation based on age. Employees who prove age discrimination under FEHA may recover monetary damages, including back pay, out-of-pocket losses, emotional distress damages, punitive damages, attorney’s fees and costs.

If you are the victim of age discrimination, the experienced Pasadena age discrimination attorneys at The Okorocha Firm can help. Our attorneys have extensive experience litigating age discrimination claims, recovering six-figure verdicts and settlements for clients across California. Because we are not afraid of taking complex cases to trial, we have more leverage when negotiating a settlement and have unique expertise in presenting a persuasive case to the jury. At The Okorocha Firm, we understand that it takes courage to stand up to age discrimination. We are dedicated to providing you with the highest quality representation and helping you obtain the compensation you deserve. Call (424) 363-3347 for a free consultation or contact us online.

Disability/Handicap Discrimination

The Pasadena disability discrimination lawyers at The Okorocha Firm are recognized leaders in defending the rights of workers who face discrimination based on their disability. We have successfully represented numerous victims of employment discrimination, recovering millions of dollars for disabled workers in all areas of California.

Disability discrimination describes the unfavorable treatment of qualified employees or applicants based on their disability. While recent laws broadened the definition of disability and made it easier for victims to seek legal recourse for discrimination, recent statistics show that disability discrimination is alive and well. The Harvard Business Review estimates that 30,000 new complaints will be filed this year, a 42% increase since 2009.

Employees should familiarize themselves with the types of disabilities protected under state and federal law:

Physical disability
Physiological disease or disorder;
Cosmetic disfigurement;
Anatomical loss; or
Having a record of, or being regarded as having an impairment that:
Affects one or more body systems; and
Limits a major life activity; or
Any other health impairment that requires special education or related services
Mental Disability
Mental or psychological disorder, including
Mental retardation;
Organic brain syndrome;
Emotional or mental illness;
Specific learning disabilities; or
Having a record of, or being regarded as having such an impairment
Medical Condition
Any health impairment related to or associated with a diagnosis of cancer
Genetic characteristics

In California, state and federal laws prohibit discrimination against qualified individuals with disabilities in all aspects of employment. State laws prohibiting such discrimination are set forth in the Fair Employment and Housing Act (FEHA). FEHA protects the right of individuals to seek, obtain, and hold employment without discrimination on the basis of a disability or medical condition. It also prohibits retaliation against individuals who oppose or complain about disability discrimination. FEHA covers nearly all employers who employ at least five persons.

Under FEHA, employers must make reasonable accommodation for applicants and employees with disabilities, unless the accommodation would impose an “undue hardship” on the employer. Employers must also give equal consideration to individuals with disabilities in all recruitment and testing activities. This may include providing interpreters for individuals with hearing impairments or providing rooms accessible to wheelchairs during the interview process. Employers also cannot employ testing criteria to discriminate against people with disabilities.

The Americans with Disabilities Act (ADA) is the federal equivalent of FEHA and prohibits disability discrimination by employers that employ 15 persons or more. The ADA protects disabled individuals with any physical or mental impairment. Under the ADA, discrimination includes segregating, limiting, or classifying disabled applicants or employees in a manner “adversely affecting” the individual’s status or employment opportunities. This may include failing to make reasonable accommodation for an individual’s impairments or using unfair tests to screen out persons with disabilities.

The Federal Rehabilitation Act likewise prohibits the federal government and employers who receive federal assistance from discriminating against “qualified disabled individuals” in employment. In fact, Section 503 requires “affirmative action” for qualified disabled individuals in all aspects of employment. The Act therefore protects federal employees and applicants not covered under the ADA.

If you are the victim of disability discrimination the experienced Pasadena handicap discrimination attorneys of The Okorocha Firm can help. We are at the forefront of defending the rights of disabled workers. Our attorneys have unparalleled trial experience and have recovered millions of dollars for qualified disabled workers throughout California. At The Okorocha Firm, we understand that being the victim of employment discrimination is rough. We are dedicated to providing you the highest quality legal representation and helping you obtain the compensation you deserve. Call (424) 363-3347 for a free consultation or contact us online.

Pregnancy Discrimination

Pregnancy can often create substantial obstacles for working women. If you have been fired or face other discriminatory conduct based on your pregnancy, you should consult with the experienced Los Angeles pregnancy discrimination attorneys at The Okorocha Firm.

The months of pregnancy and after the birth of your child should be filled with anticipation and joy. They should not be filled with worries about losing your job or obtaining employment benefits. Unfortunately, many employers continue to view pregnancy as a negative in the office, and discriminate against women because of their pregnancies. Discrimination based on pregnancy is prohibited by federal and state law, and in California, certain additional protections apply to pregnant workers.

A 1978 amendment to the federal Civil Rights Act explicitly prohibits discrimination based on pregnancy. This includes prohibitions on adverse employment decisions that are based on pregnancy, such as firing, refusing to promote, refusing to hire, or transferring the employee to a less desirable position. Federal law also requires that pregnant workers must be treated and accommodated like any other temporarily disabled worker. These Civil Rights Act protections apply to employers of 15 or more. California law provides similar discrimination protection to those who work for employers of five or more.

Through the Family Medical Leave Act (FMLA), federal law also requires that employers allow both mothers and fathers up to 12 weeks of unpaid leave following birth of a child, if the employee has worked for the employer for at least 12 months. California’s Pregnancy Disability Leave Act allows up to four months of leave for pregnancy-related disabilities, in addition to the 12 weeks provided under the FMLA. California also provides temporary disability insurance benefits to workers who take time off to bond with a newborn child.

Pregnancy discrimination does not only impact women who work in more physical jobs, such as factories, construction, retail, and hospitality jobs. Women in office jobs and at high levels in the corporate world often face subtle forms of pregnancy discrimination that severely limit their career opportunities. In 2010, the EEOC received 6,119 complaints charging employers with pregnancy discrimination, up from 4,160 in 2000. Pregnancy discrimination remains a serious problem for women in the workforce, and is one of the most widespread forms of gender discrimination today.

It is important to act quickly if you believe you are the victim of pregnancy discrimination. Claims with the EEOC must be filed within 180 days of the discriminatory conduct. However, do not think that you have no claim once you have had your child. Even if you have resumed full work duties, you are entitled to compensation for wrongful conduct that occurred while you were pregnant or after you have given birth.

The California pregnancy discrimination attorneys at The Okorocha Firm understand your options in any instance of pregnancy discrimination. With many years of experience handling pregnancy discrimination and other workplace discrimination claims on behalf of employees, we understand how difficult it can be to bring a claim against your employer. We can advise you of your options and help you find a solution that works for you. Contact our office today for a confidential consultation at 1 (800) 285-1763.

Race Discrimination

The Pasadena race discrimination lawyers at The Okorocha Firm are industry leaders in the field of employment law. Our law firm has helped thousands of victims of race discrimination obtain the compensation they deserve. We provide superior legal representation to clients in Los Angeles and other areas of California.

Race discrimination refers to the disparate treatment of an applicant or employee solely on the basis of race. It includes discrimination based on immutable characteristics associated with race, such as skin color, hair texture, and facial features as well as race-related conditions, such as sickle-cell anemia or cystic fibrosis. Racial discrimination can also involve unfavorable treatment based on the person’s association with a person of a certain race or color. The association can be through marriage, dating, friendship, or a connection with a race-based group.

Despite great strides to increase equal opportunity in the workplace, race discrimination persists. A California study found that temporary agencies preferred white applicants three to one over African American applicants. Minorities are still largely relegated to unskilled and semi-skilled jobs. People of color are more likely to work in lower-paying jobs and are conspicuously absent in higher-paying positions. Unlawful employment discrimination accounts, in large part, for these disparities.

Title VII of the Civil Rights Act, a federal law, strictly prohibits employer actions that discriminate against a person because of race. Its protections extend to all aspects of employment, including:

Compensation, work assignments
Hiring, firing, training, promotion
Recruiting, interviews, and advancement
Employment terms, conditions, and privileges
Harassment, including racial slurs
Segregation and classification of employees
Pre-employment inquiries and requirements
Retaliation for reporting racial discrimination

Under Title VII, discrimination can be accomplished “by motivation or by impact.” Courts generally recognize two types of racial discrimination in the workplace: “disparate treatment” and “disparate impact.” It is easier to recognize the motivation behind employment decisions when it results in the disparate treatment of individuals because of their race. Spotting the racial animus that causes a “disparate impact” is more difficult. A biased employment policy can have a disparate impact by benefitting a certain class of employees while effectively excluding others.

Title VII prohibits discrimination based on any of the following factors:

Racial or ethnic ancestry
Physical characteristics
Race-linked illnesses
Cultural characteristics
Racial subgroup
Perception of race
Association with certain race
Reverse discrimination

In addition to race, Title VII also forbids overlapping “protected” bases of discrimination such as religion, national origin, and “intersectional” discrimination. A belief in Taoism, for example, is often tied to a particular race, Asians, and cannot serve as the basis of discrimination. Employers are likewise prohibited from denying equal employment opportunities to individuals because of their ancestors or their place of origin. Race and national origin often overlap because people of the same national origin are frequently of the same race. Similarly, Title VII prohibits discrimination based on the “intersection” of two or more protected bases, such as race and sex.

Employees who can prove racial discrimination are entitled to several legal remedies. First, the court may award injunctive relief halting the discriminatory or harassing behavior. Second, discharged employees may be reinstated to their positions or receive front pay for their losses. They are also entitled to back pay, attorney’s fees and costs. Finally, victims of racial discrimination may receive compensatory damages for any past or future out-of-pocket losses and emotional harm. The court can also award punitive damages where the employer acted with malice or reckless indifference to the individual’s federally protected rights.

If you are the victim of racial discrimination, contact the experienced Pasadena racial discrimination attorneys of The Okorocha Firm today. We are the premier law firm for all matters related to employment discrimination. Whether you suffered unfavorable treatment because of race, culture, or national origin, we can help you recover the compensation you deserve. Our attorneys have unparalleled experience litigating racial discrimination claims and a proven track record of recovering six-figure verdicts for our clients. At The Okorocha Firm, we are dedicated to fighting for the rights of racial discrimination victims throughout California. Call (424) 363-3347 for a free consultation or contact us online.

Sexual Harassment

Unwelcome sexual advances and other harassing conduct remains a fact of life for many women in the workforce. If you have been the subject of sexual harassment, contact the Los Angeles sexual harassment attorneys at The Okorocha Firm today.

Sexual harassment is a form of gender discrimination, because it is improper conduct that is based on an individual’s gender. Sexual harassment has various definitions, but is generally defined as unwelcome conduct of a sexual nature that is severe or pervasive and affects working conditions. It can be verbal, physical, or take many other forms, including: unwanted sexual advances, retaliation based on denial of unwanted sexual advances, offering employment benefits in exchange for sexual favors, comments, slurs and jokes that are offensive, derogatory, or graphically sexual in nature. Sexual harassment can happen to or be perpetrated by members of either gender, and can also involve same-sex sexual harassment.

Sexual harassment is prohibited by both federal and state law. Title VII of the federal Civil Rights Act of 1964 outlaws all forms of gender discrimination, including sexual harassment. Sexual harassment claims brought pursuant to federal law must be filed with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the claim and either take action or give the employee a Notice of Right to Sue. At that point, the employee can pursue the sexual harassment claim through a civil suit in federal court.

California’s Fair Employment and Housing Act (FEHA) also prohibits sexual harassment. FEHA is enforced by the Department of Fair Employment and Housing, and similarly requires the filing of a claim with the Department and subsequent investigation before a civil suit may be filed. FEHA provides several advantages to plaintiffs compared to federal law. Importantly, FEHA applies to all employers with one or more employee, while federal law applies only to those with 15 or more employees. FEHA claims must be filed within one year of the improper conduct, while claims must be filed with the EEOC within 180 days.

There are two basic categories of sexual harassment recognized by the law. The first type is called quid pro quo harassment, and involves situations where employment decisions are conditioned on unwanted sexual conduct. This can include promotion contingent on sexual conduct, or demotion or firing due to rejection of sexual overtures. The second type is called hostile work environment harassment. This occurs where unwelcome sexual conduct creates an offensive or intimidating work environment, or interferes with one’s ability to get the job done. This can include teasing, jokes, or sexist remarks, but single incidents are not generally sufficient to create a hostile work environment unless they are particularly severe.

Employers are generally liable for the harassing conduct of their employees, particularly employees in positions of authority. Employers are also required to take reasonable steps to prevent harassment, and are required by California law to provide regular sexual harassment training to supervisory employees. In addition, those individuals who engaged in harassing conduct can be held personally liable for the conduct. Monetary recovery in sexual harassment suits can frequently include back pay, damages for emotional distress, as well as changes in the employer’s policies.

Filing a claim against one’s employer is never easy. The experienced Southern California sexual harassment attorneys at The Okorocha Firm are here to help. With substantial experience in litigating sexual harassment claims, our attorneys can quickly identify the important facts and key concerns in your case, as well as advise you on your options throughout the process. For a confidential consultation, call our office today at 1 (800) 285-1763.

Hostile Work Environment

Los Angeles sexual harassment attorney Okorie Okorocha is an experienced and dedicated representative for those who have been victims of sexual harassment in their workplace. Throughout the past decade, Mr. Okorocha has helped numerous clients defend their right to employment that is safe and secure, and free from inappropriate actions by co-workers or a supervisor. At The Okorocha Firm, it is our belief that no client deserves to be subject to a hostile work environment.

California Hostile Work Environment

Under California and federal laws, sexual harassment can occur when an employee is subjected to a hostile work environment. A hostile work environment occurs when an employee is subjected to harassment or abuse in the form of unwanted advances, inappropriate physical contact, sexual remarks or sexist behavior, or other actions that may be unwanted and offensive. These actions may come from a supervisor, co-worker, or administrator, but can also involve individuals who are not employees, such as a contractor or guest.

Proving A Hostile Work Environment

Sexual harassment law requires that an employee with a hostile work environment claim show that:
He or she was subjected to harassment based on sex;
The harassment experienced was unwelcome;
The harassment affected a term, condition, or privilege of employment; and
The resulting work environment was “objectively offensive” and “subjectively abusive.”

A work environment that is both subjectively abusive and objectively offensive means that the employee felt and believed that the work environment was hostile and abusive, and a reasonable person in the employee’s position would agree.

These requirements are significant and may require a great deal of evidence on the part of the employee. In order to establish a hostile work environment, the employee must be able to show that a pattern of these actions occurred that was “severe or pervasive” – one isolated incident is usually not sufficient, unless it was exceptionally offensive. Additionally, courts must consider all of the evidence presented in a case and determine that, based on the totality of the evidence, a hostile work environment was created.

Building Your Hostile Work Environment Claim

If you are an employee and believe you are experiencing a hostile work environment, there are important steps that you can take now to help your claim. You should keep documentation of abuse or harassment you experience. This may include jotting down notes of conversations you have or comments made, or keeping a record of offensive pictures or emails that you may receive. All of this evidence will be helpful in developing your hostile work environment claim. It is also important that you reach out to a qualified sexual harassment attorney. An attorney can help you determine what steps you should be taking and whether your claim is likely to meet the “severe and pervasive” standard.

Representing You in Your Fight Against Sexual Harassment

Pasadena sexual harassment lawyer Okorie Okorocha understands the emotional trauma and frustration that can accompany a hostile work environment. He knows that employees may be scared to pursue a claim against their employer or eager to put incidents behind them. For these reasons, we strive to provide clients with straightforward and efficient representation, fighting for them in the courtroom so that they can obtain the remedies they deserve and move on with their lives. If you have experienced harassment in your workplace and believe you are a victim of a hostile work environment, contact our offices for a free initial consultation at (424) 363-3347 or online.

Quid Pro Quo / This for That

California Quid Pro Quo Harassment

Sexual harassment can take many forms. It may involve offensive comments, inappropriate touching, or threatening behavior that leads to a hostile work environment. However, sexual harassment may also occur in “quid pro quo” situations, where the benefits or perks of a job are tied to the performance of sexual favors. Los Angeles sexual harassment lawyer Okorie Okorocha has nearly ten years of experience representing clients in many different sexual harassment cases, including situations of quid pro quo. He understands that raising these claims can be intimidating and difficult for sexual harassment victims, and is dedicated to protecting the rights and reputation of his clients both inside and outside the courtroom.

Understanding Quid Pro Quo Harassment

Quid pro quo harassment is a type of sexual harassment employees are protected from under California law and Title VII of the federal Civil Rights Act of 1964. Quid pro quo means “this for that” and refers to situations where a superior in a work environment requests or requires sexual favors in return for employment-related benefits. These could include raises, promotions, favorable reviews or any other number of job-related bonuses. Quid pro quo can also occur when a superior withholds or refuses benefits to an employee in retaliation for refusal to participate in the sexual favors requested. Unlike hostile work environment harassment, an employee does not need to establish a pattern of quid pro quo – a single incident may be sufficient to establish harassment.

Liability for Quid Pro Quo Harassment

Because quid pro quo harassment is often tied to job benefits or performance, it is typically perpetrated by an employee’s manager or supervisor. When a harasser is acting in their managerial role, they may also be considered a representative of the employer, which can make the employer vicariously liable for the harassment as well.

In order to prove that quid pro quo harassment has occurred, an employee who is a victim of such harassment must show that:

They were employed by the employer in question;

They received unwanted sexual advances or conduct from an alleged harasser who was a supervisor or agent of the employer;

Job benefits were conditioned on acceptance of the unwanted sexual advances, or employment decisions were based on the acceptance or rejection of such advances; and

The employee was harmed by these occurrences.

An employee must show all of these things by a “preponderance of the evidence,” which means that after all the evidence is reviewed, it is more likely than not that the harassment occurred.

Fighting Back Against Quid Pro Quo Harassment

Southern California sexual harassment attorney Okorie Okorocha believes that all employees are entitled to a work environment where they are treated with dignity and respect, and free from unwanted harassment. For this reason, he is dedicated to representing clients who have been victims of quid pro quo sexual harassment. Okorie Okorocha will stand up for you against intimidating and offensive employers, and will fight to help you obtain the protection and remedies that you deserve. If you or a loved one has been a victim of sexual quid pro quo harassment, contact our offices at (424) 363-3347 or online for a free initial consultation.

Wrongful Termination

You commit yourself to your job. If you are wrongfully fired from your job, you should stand up for yourself. The California wrongful termination attorneys at The Okorocha Firm will stand with you and help protect your rights.

Most employment relationships are known as “at will” employment. This means that the employer or the employee may terminate the employment relationship at any time, for any reason. Unless you are hired to work for a specific period of years, or to complete a specific project, the chances are that your employment is at will.

However, an employer’s discretion to fire an employee in an at will employment situation is not without limits. Certain reasons for firing an employee are prohibited by federal and state law. When an employer fires an employee for an improper reason, this is called wrongful termination. There is no specific law pertaining to wrongful termination; the term covers a range of improper conduct that results in termination of employment.

There are numerous grounds for a wrongful termination claim. The federal Civil Rights Act prohibits discrimination based upon race, color, national origin, sex, or religion. Where an employee is fired for a discriminatory reason due to membership in one of these protected classes, the employee has grounds for a wrongful termination claim. In addition, workers are protected from termination in retaliation for exercising their rights under the Civil Rights Act – for example, firing a worker for filing a racial discrimination claim. The Age Discrimination in Employment Act and the Americans with Disabilities Act provide similar protections for termination based on age or disability, respectively.

Other federal and California laws prohibit wrongful termination. This includes firing due to pregnancy or based on sexual harassment, protection in some whistleblower cases, or because a worker files a claim for workers’ compensation benefits or for unpaid overtime and other wage payment violations. Termination for supporting a coworker’s claim of discrimination is also prohibited. Under California law, discrimination – and therefore termination for discriminatory reasons – based on sexual orientation or gender identity is also prohibited.

Many cases of wrongful termination involve an actual termination of employment, i.e. firing by the employer. However, in some cases constructive termination is involved. Constructive termination occurs where conditions are so severe that the employee is effectively forced to quit. An employee generally cannot quit based upon one incident and succeed in a constructive termination suit. Documenting a pattern of problems on the job and improper behavior is important in any wrongful termination suit.

Wrongful termination cases can be very contentious. Monetary damages can be significant, including compensation for lost pay and emotional distress, and even punitive damages in some circumstances. On being fired, it is important to consult with an attorney quickly, as the time to file a complaint can be as little as 180 days from the date of termination. The skilled Los Angeles wrongful termination attorneys at The Okorocha Firm have successfully handled numerous wrongful termination claims on behalf of California workers. Our experience allows us to quickly analyze your potential claim and to identify key pieces of evidence. We can advise you on your options, and handle your case through trial and any subsequent appeal.